A transmissibilidade da herança digital e o conflito entre direitos da personalidade e sucessórios perante lacuna legal.

Abstract

The present study aims to address the controversy about the possibility of transmissibility of digital assets in the face of the conflict generated between inheritance and personality rights. For this, the historical contextualization is carried out in relation to the category of these goods, as in the information society, establishing the basic concepts related to the theme. It then goes through the entire legislative, doctrinal and jurisprudential extension, national and international, as well as the contractual provisions that govern electronic adhesion contracts between users and digital platforms. From the research by the main sources of law, legislative, jurisprudential and doctrinal, and the inductive method, operationalized from the analysis of the accessed documentary sources, it was discussed, finally, on the main doctrinal currents that approach the problem, adding, then, about the hermeneutical technique to be used to resolve the clash of principles and rights, in addition to proposing its cumulation with the establishment of parameters to be used, in order to give greater objectivity to the method, and thus, achieve greater verisimilitude with the ideal concept of justice.